The Narrative of the Cherokee Nation. Charles C. Royce
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the conference preceding the signature of this treaty of 1794 they insisted that for this and other reasons an increase should be made in the annuity provided by the treaty of 1791, as amended by that of 1792. This was agreed to by the United States, and the annuity was increased from $1,500 to $5,000.
Boundary line to be surveyed.—It was also agreed that the treaty line of 1791 should be promptly surveyed and marked after ninety days' notice had been given to the Cherokees of the time when and the place where the survey should begin.
This, as has already been stated in connection with the treaty of 1791, had been so far performed in the fall of 1792 as to run but not mark a preliminary line for a short portion of the distance, but in spite of the additional agreement in this treaty of 1794 the actual and final survey did not take place until 1797,100 three years after the conclusion of this treaty and more than seven years after it was originally promised to be done.
The treaty of 1794 was concluded by the Secretary of War himself with a delegation of the Cherokees who had visited Philadelphia for that purpose. It was communicated by President Washington to the Senate on the 30th of December, 1794.101
Cherokee Hostilities
While this treaty was being negotiated, and for some months thereafter, a portion of the Cherokees were engaged in the bitterest hostilities against the white settlements, which were only brought to a close, as has been incidentally remarked in discussing the treaty of 1792, by the expedition of Major Ore against the Lower Cherokee towns in September, 1794.
Peace conference.—Following this expedition the hostile Cherokees sued for peace, and at their request a conference was held with them by Governor Blount, at Tellico Block House, on the 7th and 8th of November of that year.102
This council was attended by Col. John Watts, of Willstown, principal leader of the hostiles; Scolacutta, or the Hanging Maw, head chief of the nation, and four hundred other chiefs and warriors. A general disposition seemed to be manifested among them to abandon their habits of depredation and secure for themselves and their families that peace to which they, as well as their white neighbors, had long been strangers. Governor Blount met them in a friendly spirit and sought, by every means in his power, to confirm them in their good disposition.
In reporting the facts of this conference to the Secretary of War he asserted one of the most fruitful causes of friction between the whites and Indians to be the stealing and selling of horses by the latter, for which they could always find a ready and unquestioned market among unscrupulous whites. As measures of frontier protection he suggested the continuance of the three military garrisons of Southwest Point at the mouth of the Clinch, of Fort Granger at the mouth of the Holston, and of Tellico Block House, opposite the remains of old Fort Loudon, and also the erection of a military post, if the Cherokees would permit it, on the north bank of the Tennessee, nearly opposite the mouth of Lookout Mountain Creek. Subsequently103 he held a further conference with the Cherokees and endeavored to foster hostilities between them and the Creeks by urging the organization of a company of their young warriors to patrol the frontiers of Mero District for its protection against incursions of the Creeks. To this the leading Cherokee chiefs refused assent, not because of any objection to the proposition, but because they desired time for preparation.
Intercourse Act of 1796
Early in the following year104 President Washington, in an emphatic message, laid before Congress a communication from Governor Blount setting forth, the determination of a large combination of persons to take possession of certain Indian lands south and southwest of the Cumberland, under the pretended authority of certain acts of the legislature of North Carolina, passed some years previous, for the relief of her officers and soldiers of the Continental line.
In view of the injustice of such intrusions and the mischievous consequences which would of necessity result therefrom, the President recommended that effective provision should be made to prevent them.
This eventuated in the passage of the act of Congress, approved May 19, 1796,105 providing for the government of intercourse between citizens of the United States and the various Indian tribes.
Treaty Concluded October 2, 1798106
Held near Tellico, in the Cherokee Council House between George Walton and Lieut. Col. Thomas Butler, commissioners on behalf of the United States, and the chiefs and warriors of the Cherokee Nation.
Material Provisions
Owing to misunderstandings and consequent delay in running the boundary line prescribed by the treaties of 1791 and 1794, and the ignorant encroachment of settlers on the Indian lands within the limits of such boundaries before their survey, it became desirable that the Indians should cede more land. The following treaty was therefore concluded:
1. Peace and friendship are renewed and declared perpetual.
2. Previous treaties acknowledged to be of binding force.
3. Boundaries of the Cherokees to remain the same where not altered by this treaty.
4. The Cherokees cede to the United States all lands within the following points and lines, viz: From a point on the Tennessee River, below Tellico Block House, called the Wild Cat Rock, in a direct line to the Militia Spring near the Maryville road leading from Tellico. From the said spring to the Chill-howie Mountain by a line so to be run as will leave all the farms on Nine Mile Creek to the northward and eastward of it, and to be continued along Chill-howie Mountain until it strikes Hawkins's line. Thence along said line to the Great Iron Mountain, and from the top of which a line to be continued in a southeastwardly course to where the most southwardly branch of Little River crosses the divisional line to Tuggaloe River. From the place of beginning, the Wild Cat Rock, down the northeast margin of the Tennessee River (not including islands) to a point one mile above the junction of that river with the Clinch, and from thence by a line to be drawn in a right angle until it intersects Hawkins's line leading from Clinch. Thence down the said line to the river Clinch; thence up the said river to its junction with Emmery's River; thence up Emmery's River to the foot of Cumberland Mountain. From thence a line to be drawn, northeastwardly along the foot of the mountain until it intersects with Campbell's line.
5. Two commissioners to be appointed (one by the United States and one by the Cherokees) to superintend the running and marking of the line, immediately upon signing of the treaty, and three maps to be made after survey for use of the War Department, the State of Tennessee, and the Cherokee Nation respectively.
6. Upon signing the treaty the Cherokees to receive $5,000 cash and an annuity of $1,000, and the United States to guarantee them the remainder of their country forever.
7. The United States to have free use of the Kentucky road running between Cumberland Mountain and river, in consideration of which the Cherokees are permitted to hunt on ceded lands.
8. Notice to be given the Cherokees of the time for delivering annual stipends.
9. Horses stolen by either whites or Indians to be paid for at $60 each (if by a white man, in cash; if by an Indian, to be deducted from annuity). All depredations prior to the beginning of these negotiations to be forgotten.
10. The Cherokees agree that the United States agent shall have sufficient ground for his temporary use while residing